Yeadon v. People.

2020 CO 38. No. 18SC630. Drug Offender Surcharge—Punishment—Imposition After Sentencing Hearing—Double Jeopardy.

May 11, 2020

The Supreme Court held that the drug offender surcharge, which is a form of punishment, is statutorily mandated and thus the trial court’s failure to order it in open court rendered defendant’s sentence on his class 6 felony drug conviction illegal and subject to correction at any time pursuant to Crim. P. 35(a). Therefore, the trial court’s imposition of that surcharge after the sentencing hearing did not violate defendant’s rights under the Double Jeopardy Clauses of the US and Colorado Constitutions.

The Court of Appeals’ judgment was affirmed and the case was remanded to the trial court. On remand, defendant may request a waiver of the drug offender surcharge assessed and ask for a hearing to show that he is financially unable to pay any portion of the drug offender surcharge.